Manni Kumar @ Manny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35837 of 2024 Arising Out of PS. Case No.-294 Year-2021 Thana- NADI P.S. District- Patna ====================================================== Manni Kumar @ Manny Kumar Son of Laldev Yadav Resident of Village - Gulamhiya Chak, Didarganj, P.S.- Nadi, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Advocate For the State :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-07-2024 Heard Mr. Jay Ram Prasad, learned counsel for the petitioner and Dr. Ajeet Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Nadi P.S. Case No. 294 of 2021, F.I.R. dated 10.10.2021 for the offences punishable under Sections 379, 411 and 34 of the Indian Penal Code.
3. According to prosecution case, petitioner along with other co-accused person is involved in the theft of the mobile of the informant.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis of the disclosure made by the co-accused person, namely, Sunny Kumar who happens to be the brother of the petitioner. He
Patna High Court CR. MISC. No.35837 of 2024(3) dt.31-07-2024 2/3 further submits that the allegation as alleged is false and fabricated and except the disclosure made by the co-accused person, no other cogent material has come during the investigation to suggest the involvement of the petitioner in the present occurrence.
5. Learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances and the fact that petitioner having clean antecedent and he has been made accused merely on the basis of the disclosure made by the co-accused person who happens to be the brother of the petitioner, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna City in connection with Nadi P.S. Case No. 294 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.35837 of 2024(3) dt.31-07-2024 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) ajay/- U T